PHYLLIS M. HUNTER, APPELLANT,
v.
CAL-MAINE FOODS, INC., A FOREIGN CORPORATION, APPELLEE
PHYLLIS M. HUNTER, APPELLANT,
CAL-MAINE FOODS, INC., A FOREIGN CORPORATION, APPELLEE
449 So. 2d 1314
Florida District Court of Appeal, Fifth District (1984)
Positive Treatment
Cited by 2 cases
Opinion of the Court
DAUKSCH, Judge.
This is an appeal from an “Order Denying Plaintiff’s Motion to Vacate Order of Dismissal”. Because the original Order of Dismissal was specifically without prejudice to Appellant’s filing another complaint, and it was a non-final order, there should have been a final order or final judgment obtained in order to vest this court with jurisdiction. The order which was appealed is merely a request for review of the original order and as such does not toll the time for taking appeal. Therefore not only is the appeal untimely it is from a non-appeal-able order. This appeal is dismissed.
COWART, J., and COLEMAN, T.P., Associate Judge, concur.
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Potts v. Potts, 615 So. 2d 695 (Fla. 2d DCA 1992)…thus giving appellant the opportunity to file an amended complaint that would state a cause of action. The judicial labor below is not yet terminated, leaving this court without jurisdiction to entertain this appeal. Hunter v. Cal-Maine Foods, Inc., 449 So. 2d 1314 (Fla. 5th DCA 1984); Bishop v. Kelly, 404 So. 2d 1149 (Fla. 5th DCA 1981). However, based on Mitchell v. Combank/Winter Park, 429 So. 2d 1319 (Fla. 5th DCA 1983), appellant should be able to state a cause of action. The court there observed that in…